The Southwestern Reporter, Volume 216West Publishing Company, 1920 |
From inside the book
Results 1-5 of 99
Page 2
... cause of action before suit was instituted thereon , so the coun- terclaim , by way of cross - bill , in so far as it sought a judgment over against appellant . must be treated as an independent suit . The cause of action for a judgment ...
... cause of action before suit was instituted thereon , so the coun- terclaim , by way of cross - bill , in so far as it sought a judgment over against appellant . must be treated as an independent suit . The cause of action for a judgment ...
Page 11
... CAUSE SUF- FICIENT . Under doctrine of res ipsa loquitur , not limited to contractual or any particular rela- tions , a cause of action is stated by complaint alleging the blowing up , by causes unknown to plaintiffs , of a four - story ...
... CAUSE SUF- FICIENT . Under doctrine of res ipsa loquitur , not limited to contractual or any particular rela- tions , a cause of action is stated by complaint alleging the blowing up , by causes unknown to plaintiffs , of a four - story ...
Page 11
... caused the said J. C. Chiles , deceased , to be killed , were and are known to the defendants . " A demurrer was filed on the ground that the complaint did not state facts sufficient to constitute a cause of action against the de ...
... caused the said J. C. Chiles , deceased , to be killed , were and are known to the defendants . " A demurrer was filed on the ground that the complaint did not state facts sufficient to constitute a cause of action against the de ...
Page 11
... cause of the explo- sion or the particular act or acts of negli- gence which occasioned it , the complaint con- tains the affirmative recital that the plain- tiffs do not know the cause of the injury , con- sequently there could be no ...
... cause of the explo- sion or the particular act or acts of negli- gence which occasioned it , the complaint con- tains the affirmative recital that the plain- tiffs do not know the cause of the injury , con- sequently there could be no ...
Page 12
... caused the said J. C. Chiles , deceased , to be killed , were and are known to the defendants . " A demurrer was filed on the ground that the complaint did not state facts sufficient to constitute a cause of action against the de ...
... caused the said J. C. Chiles , deceased , to be killed , were and are known to the defendants . " A demurrer was filed on the ground that the complaint did not state facts sufficient to constitute a cause of action against the de ...
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Common terms and phrases
acres adverse possession affirmed alleged amended amount Appeals of Texas appellant appellant's appellee appellee's assignment attorney bond cause of action charge Circuit Court Civil Appeals claim complaint contract corporation county court Court of Civil crates CRIMINAL LAW damages deceased deed defendant defendant's demurrer Digests and Indexes duty El Paso employé evidence executed fact fendant filed held injury instruction issue Judge judgment jury Kentucky Key-Numbered Digests land lant lease lien Lumber ment motion negligence option law overruled Owensboro paid party payment pellant person petition plaintiff in error pleadings possession Presidio county prosecution purchase question railroad reason record recover reversed rule section 28 statute sued suit sustained testator testified testimony thereof tiff tion topic and KEY-NUMBER tract trial court trust try title verdict wife witness
Popular passages
Page 5 - That carriers while under Federal control shall be subject to all laws and liabilities as common carriers, whether arising under State or Federal laws or at common law, except in so far as may be inconsistent with the provisions of this Act or any other Act applicable to such Federal control or with any order of the President.
Page 11 - J., observed that in order for it to apply "there must be reasonable evidence of negligence, but where the thing is shown to be under the management of the defendant or his servants, and the accident is such as in the ordinary course of things does not happen, if those who have the management use proper care, it affords reasonable evidence, in the absence of explanation by the defendants, that the accident arose from want of care.
Page 151 - On the other hand, the promisee may, if he thinks proper, treat the repudiation of the other party as a wrongful putting an end to the contract, and may at once bring his action as on a breach of it; and in such action he will be entitled to such damages as would have arisen from the non-performance of the contract at the appointed time, subject, however, to abatement in respect of any circumstances which may have afforded him the means of mitigating his loss.
Page 5 - Actions at law or suits in equity may be brought by and against such carriers and judgments rendered as now provided by law; and in any action at law or suit in equity against the carrier, no defense shall be made thereto upon the ground that the carrier is an instrumentality or agency of the federal government.
Page 283 - Treasurer shall give a bond for the faithful discharge of his duties in such sum and with such surety or sureties as the Board of Directors shall determine.
Page 465 - The insurer may cancel this policy at any time by written notice delivered to the insured, or mailed to his last address as shown by the records of the insurer...
Page 90 - Every action most be prosecuted in the name of the real party in interest, except that an executor, administrator, guardian, trustee of an express trust, a person with whom or in whose name a contract is made for the benefit of another, or a person expressly authorized by statute, may bring an action without joining with him the person for whose benefit it is prosecuted.
Page 103 - The General Assembly shall provide by law an annual tax, which, with other resources, shall be sufficient to defray the estimated expenses of the Commonwealth for each fiscal year.
Page 444 - No person who has received, or whose assignor has received, under a contract for the purchase of real or personal property, or of lease or bailment with a view to purchase of such property, a deposit or installment of the purchase price...
Page 455 - Where the injury for which compensation is payable under this act was caused under circumstances creating a legal liability in some person other than the employer to pay damages in respect thereof, the employee may at his option proceed either at law against that person to recover damages, or against the employer for compensation under this act, .but not against both...